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A New Frontier: ASBCA Issues First Ever CPAR Decision on the Merits

Client Alert | 1 min read | 06.24.19

On June 3, 2019, the ASBCA published its first ever decision addressing the merits of a CPAR evaluation – i.e., whether CPAR ratings were “fair and accurate” pursuant to FAR 42.15. In PROTEC GmbH (ASBCA Nos. 61161, 61162), the Board analyzed a CPAR’s factual assertions, compared them to the parties’ evidence of contract performance, and ultimately held that the CPAR was indeed “fair and accurate” due to the contractor’s noncompliance and poor performance. The Board also considered the contractor’s allegation of a procedural violation – i.e., that the Government failed to perform a CPAR review “at a level above the CO” as required by FAR 42.1503(d). The Board held that the contractor “lacked standing” to challenge the violation because it could not establish “prejudice,” i.e., that the CPAR rating would have been different without the violation.  

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Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....